- Report: #291867
Report - Rebuttal - Arbitrate
Complaint Review: PHH Mortgage Services
PHH Mortgage Servicesphh.com Mount Laurel, New Jersey U.S.A.
PHH Mortgage Services Forclosure without proper notification, wrongful foreclosure, eviction Mount Laurel New Jersey
*Author of original report: PHH aka Cendant Mortgage continued
I am the occupant in a home that was mortgaged through PHH Mortgage Services. I have issued multiple complaints to various Federal and State regulatory agencies. I stubbled upon this email while searching for complaints on PHH.
Being the occupant in my home, I am not the loan holder on the mortgage, however I was responsible for making the monthly mortgage payments to PHH Mortgage Services. The owners of the house live in Colorado. I fell into financial hardship in June 2007. I contacted PHH Mortgage Services and was transfered to Loss Mitigation. I was given permission to speak to the company by the owner as I was the one making the payments.
I was instructed that I needed to submit a Financial Package for Mortgage Assistance. I sent the requested information in and waited for a response. I never heard back until September when I recieved a letter at my home addresssed to the owner. The letter stated that the finacial packet was received and was in review. I contacted PHH on September 18, 2007 to inquire about making a payment. I had aquired new employment and wanted to make a payment to them. I was instructed that I needed to have all of the funds that I was behind in order to send in the payment. I was mortified. I was trying to do the right thing by making a payment. I was instructed that I was not elligible for mortgage assistance and that I would either need to get a roommate to help with the payments, get a second job, or sell the house. If I couldn't do that then the house would be foreclosed on. I had sent in a money order for payment of one month and it was sent back to me.
However, it was endorsed by PHH mortgage so I promtly sent it back and told them that since it was already endorsed by them that they would have to accept it. I never got it back.
I am a single mother with a small child, in a state where I have no family and I only know the people I work with. At a time when I should be enjoying my childs reactions to holiday festivities and excitement, I am forced to deal with threatening notices and attorneys. I wonder if this nightmare will ever end. I realize that there are individuals who are not responsible or try to get out of anything that requires hard work. However, I am not one of them. I knew this home was not in my name, that I had to do whatever I could to make things right. The owners knew nothing about this situation, as all notification came to my home. I was not aware of this fact, I thought that I was being sent copies of the documents and that they were getting them as well in Colorado.
I have been activly working with the Loss Mitigation Department to come up with a solution. I contacted Foreclosure Mitigation Consultants to work with me to see if there was anything I could do to save this loan and my home. When I contacted the Consultant group, I also received a letter stating that the Mortgage Company had forwarded the loan and default information to an attorney to start the Foreclosure Process. I was in a panic. I immediately contacted FMC and got them a copy of the notice. I was instructed by FMC to not have contact with PHH as it would hinder the Mitigation process and I could lose everything as a result. I was a nervous wreck. I needed to make sure that there was nothing else I needed to do or that I was doing all that was possible to fix this. Through out this time I have been saving my monthly payments and I have a large amount to apply to the loan, however I have made no progress with PHH. I was informed by FMC that I had nothing to worry about that PHH wouldn't sell the house or foreclose on it, that we were in negotiations and at the very least the sale would be pushed back. I was again told not to worry that everything was ok. I was informed by the attorneys office that the house was scheduled for auction on December 4, 2007 at the Grayson County Courthouse. As the date grew closer I was more and more nervous. I called repeatedly to FMC to inquire on the status and to make sure I was not going to lose the house. I even asked them to please see if we could work out automatic payments from my checking account every two weeks. I get paid on a two week cycle and I am set up for ACH on my account so it would be no problem to do this. They said they would inquire into that and that as it looked I would not have to start making payments on the loan again until January of 2008. I was so happy to hear this. They were certain that I would be ok and the sale was not going to happen. I was assured that they would not let that happen.
Then on Saturday, December 8, 2007 I had come back from getting my sons medication and I had a hand written note on my door to contact a local realestate agent regarding "cash for keys". I was confussed since I was informed that there was not to be a sale on the home. So I contacted the agent and was informed that the house was indeed sold and that the new owners were wanting me out by the 31st of December. I was mortfied. I had received a letter from PHH that was date November 23, 2007 that stated again my Financil Package and Mortgage Assistance request had been received and to please allow 7-10 business days for the information to be reviewd and that I would be contacted. I also learned that PHH had bought the house back.
I immediately contacted the owner of the home, my attorney and FMC. I also contacted PHH. However being a Saturday nothing was open. I left multiple messages and was frantic. When on the phone with the owner, I found out that they had no knowledge of this situation. The house was forclosed on without notification to the owner. I gave the owner all of the contact numbers that I had. After contacting the attorney for PHH they were told that there was nothing they could do. Only one notice was sent out. I am appauled at how this whole situation has been handled.
I was doing everything I could to get the loan back into good standing. I have the finances that were needed to bring the loan current plus allow for an extra month or two so I could set up the automatic withdrawal from my checking account. Not to mention the fact that the second loan on this house( it was an 80/20) was not in default at all. It was on the automatic draft since January 2007. The last payment to be taken out of my account on that loan was December 6, 2007. If the house was forclosed on the 4th, why was a payment taken on the 6th? Isn't that illegal? I have been in contact myself with PHH Mortgage to see about having the mortgage reinstated, I have over 10,000 to apply to the loan. The foreclosure cannot go through like this. The notification of the owners never happened, I was the only one notified. I am a tenant. I was actively working with the Loss Mitigation Department employee Arlene along with FMC to work out a possible solution to the issue. It is wrong the PHH Mortgage would knowingly foreclose on a home that they knew was in the process of mitigation and trying to have the whole problem resolved. I even contacted the attorneys office to see if they would except the payment on the mortgage. I was told I had to contact PHH. When I called PHH, I was told to contact the attorney. Then I was told if I could qualify for a loan, I could buy the house back. I shouldn't have to do that. The owners of this house should not have had this situation happen to them. They have impeccible credit and this is now forever against them. I was upfront and honest with PHH from the start. I kept in contact with them, except when instructed not to do so, and then FMC was in contact with them.
I have continually been appauled at the level of customer service when contacting PHH Mortgage Services. I have filed complaints with the Fair Housing Association as well as with the TEXAS SAVINGS AND LOAN DEPARTMENT . My attorney is filing an injunction in Grayson county to stop the eviction process and filing suit for wrongful foreclosure on behalf of the owners of the property. I am filing this complaint as I have the most knowledge of this situation.
This report was posted on Ripoff Report on 12/15/2007 02:57 PM and is a permanent record located here: http://www.ripoffreport.com/r/PHH-Mortgage-Services/Mount-Laurel-New-Jersey/PHH-Mortgage-Services-Forclosure-without-proper-notification-wrongful-foreclosure-evicti-291867. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.
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